Goe v. State ex rel. Wyoming Worker's Compensation Division

LEHMAN, Chief Justice.

[T1] Appellant Bryan T. Goe, Jr. appeals from the order of the district court which affirmed the Office of Administrative Hearing's (OAH) decision to average his monthly wages and to exclude gratuities in calculating his temporary total disability (TTD) benefits.

[¶2] We affirm in part and reverse and remand in part.

ISSUES

[¶3] Goe presents three issues for review by this court:

1. Did the Hearing Examiner improperly calculate temporary total disability benefits based on an average of Appellant's earnings prior to the injury rather than his actual monthly earnings at the…